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United States Attorney David Capp

Northern District of Indiana

M01-204 S. Main Street

South Bend, IN 46601



Hammond                                                 South Bend                                               Fort Wayne

FOR IMMEDIATE RELEASE                                                         CONTACT: Mary L. Hatton July 14, 2010                                                                                      PHONE: (219) 937-5603 www.usdoj.gov/usao/inn/                                                                   Fax: (219) 852-2770ACTIVITY IN FEDERAL COURT - SOUTH BEND

South Bend, IN—The United States Attorney's Office announced that a Grand Jury sitting in South Bend, Indiana, returned the following Indictments on July 14, 2010:

Jack E. Smith Jr., 38, of Plymouth, Indiana, was charged in a two count Indictment with one count of distributing child pornography and one count of possessing child pornography. These charges were filed as the result of an investigation by the Federal Bureau of Investigation. This case has been assigned to and will prosecuted by Assistant United States Attorney John M. Maciejczyk.

Jeffrey Carpenter, 25, of South Bend, Indiana and Heather Rach, 25, of Mishawaka, Indiana, were charged in a five-count Indictment. Carpenter was charged with one count of making false and fictitious written statements on ATF Form 4473; one count of being a convicted felon in possession of a firearm; one count of being a convicted felon in possession of ammunition; and one count of attempting to persuade another person with intent to hinder and prevent communication to law enforcement of information relating to the commission of a Federal offense. Rach was charged with one count of making false and fictitious written statements on ATF Form 4473; and one count of knowingly possessing a firearm while being a user of a controlled substance. These charges were filed as a result of an investigation by the Mishawaka Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, Project Disarm Task Force. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.Damian B. Newhouse, 32, of South Bend, Indiana, was charged in a one-count Indictment with possession of an unregistered firearm, a sawed-off shotgun. These charges were filed as a result of an investigation by the South Bend Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, Project Disarm Task Force. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.Richard Esparza, 34, of South Bend, Indiana, was charged in a two count Indictment with one count of Possession With Intent to Manufacture a Controlled Substance and one count of Possession With Intent to Distribute a Controlled Substance. These charges were filed as the result of an investigation by the Indiana State Police. This case has been assigned to and will be prosecuted by Assistant United States Attorney William T. Grimmer.

The specific sentence in each case to be imposed upon conviction will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.